Legal Question in Real Estate Law in New York
noise
My neighbour upstairs have a kid who is constantly running.
They told me that this is nature. Landlord is not taking it
seriously. How and who can make my neighbour or landlord to put carpet in their apartment.
1 Answer from Attorneys
Re: noise
You can complain to the landlord about the problem. The tenant's lease may have a provision which requires that the apartment floors be 80% covered. If that is so, the landlord can demand that they cover the floors to the apartment which should help the noise problem. If the landlord does not take action on his/her own after you send letters, you can withhold your rent. The landlord may start an action against you and your defense would be "breach of quiet enjoyment" entitling you to an abatement and resolution of the matter.
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